Re Christopher George, 2025 CanLII 33841

Ontario Review Board

Re: Christopher George

ORB File No: 5178/5244/5987

Hearing held on: Friday, March 7, 2025

Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Weinstein Members: Dr. R.D. Chandrasena Dr. B. Sheppard Ms. K. Tomaszewski Ms. C. Plyley

Parties Appearing:

Accused: Christopher George Counsel: Mr. S.F. Gehl

The person in charge of hospital: Counsel: Ms. J. Zamprogna

Attorney General of Ontario: Counsel: Ms. K. Dalrymple

REASONS FOR DISPOSITION

(Dated April 14, 2025)

Introduction:

1. On October 2, 2008, Mr. Christopher George was found not criminally responsible on account of mental disorder, on charges of break and enter, commit mischief over $5000, fail to comply with probation order (x2), theft under $5000, robbery, utter threat to cause death or bodily harm, and fail to comply with recognizance (x3), all contrary to the Criminal Code of Canada (“Criminal Code”). On December 2, 2008, Mr. George was found not criminally responsible on account of mental disorder on charges of robbery (x2) and wearing a disguise with intent (x2). In October 2011, Mr. George was found not criminally responsible on account of mental disorder on a charge of robbery.

2. Mr. George is subject to a Disposition of the Ontario Review Board (the “Board”) dated May 22, 2024, which orders that he be detained at the Southwest Centre for Forensic Mental Health Care, St. Joseph's Health Care London (“Southwest”).

3. On March 7, 2025, the Board convened a hearing at Southwest to conduct the annual review of the current Disposition.

4. Mr. George was present at the hearing and was represented by his counsel, Mr. Gehl.

5. A Hospital Report, dated January 10, 2025 (the "Hospital Report"), was entered as Exhibit 1.

6. The issue at this hearing is whether Mr. George is a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code. If so, the necessary and appropriate Disposition in the circumstances must be determined, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.

7. For the reasons set out below and based on the expert evidence and opinions before it, the Board concluded that Mr. George continues to present a significant threat to the safety of the public. The Board ordered that the necessary and appropriate Disposition in the circumstances is a continuation of the existing Detention Order.

Current Psychiatric Diagnoses:

8. Schizophrenia Substance Use Disorder (alcohol, cannabis, inhalants, methamphetamine) Antisocial Personality Disorder Attention Deficit Hyperactivity Disorder, by history

Index Offences:

9. The circumstances giving rise to the Index Offences are extracted from last year’s Board Reasons, as follows:

“On June 28, 2008, Mr. George used a brick to break a glass door into the lounge on the 20^th floor of a building in Sarnia. He took a television and dropped it in the garage of the building causing it to shatter. He was charged with break and enter, theft, and mischief. As a result of these offences, he was subject to a probation order. He was subsequently charged with failing to comply with the probation order, which required him to keep the peace and be of good behaviour. He was released on June 28, 2008.

On July 2, 2008, Mr. George stole a cell phone from the River City Men’s Shelter in Sarnia and fled on foot. A warrant was issued for him for theft under $5000.

On July 18, 2008, Mr. George entered a Bank of Montreal with a white grocery bag covering his head with eyes holes torn out. He was holding an Exacto knife and a black bag. He stated, “Just put all the money in the bag.” The teller removed cash from the cash drawer and put it in the bag. Mr. George left on foot and got into his waiting taxi.

On July 20, 2008, the victim used an ATM in the entrance of a Toronto-Dominion Bank (“TD”). When the victim left the bank, Mr. George approached the victim brandishing a screwdriver. Mr. George shouted, “I’ll kill you if you don’t give me that money!” The victim handed the money over to Mr. George. Mr. George ran away while shouting, “If you call the police I’ll kill you.” Mr. George was charged with the robbery offence, and uttering death threats. At that time, he was advised of the warrant from the July 2, 2008 incident and was held pending a bail hearing. Upon arrest for this incident Mr. George provided a false address to the police, and he was then considered of no fixed address. He smelled of alcohol and advised the police he had consumed two beers prior to the robbery, and he had ingested 80 units of methamphetamine during the daytime hours; both in contravention of his condition to abstain. As a result, Mr. George was charged with three counts of breaching his Undertaking. Subsequent investigation revealed the Mr. George continued to be subject to a probation order of November 16, 2006, which had a two-year duration and required him to keep the peace and be of good behaviour. He had contravened this probation order when he was involved in the robbery outside of the TD bank. As a result, Mr. George was further charged with one count of breaching his probation.

June 22, 2011: Mr. George took a taxi to a Bank of Montreal in London, ON. He told the teller “This is a holdup, I have a knife, I have a knife.” The supervisor told him that they don’t keep cash at the wickets. Mr. George turned and walked out. He took the taxi back to his starting location and then fled without paying the cab driver. The police found him at a motel and arrested him for robbery. In his pocket was a note, “THIS IS A ROBBIE.” While being transported to cells, Mr. George admitted to committing the robbery.”

Background Information:

10. Mr. George’s background is outlined in the Hospital Report, and it is accurately summarized in last year’s Reasons:

“Mr. George was born in Sarnia. Both his parents died young in tragic circumstances. His drug use started at an extremely young age. He sold drugs extensively. As an adult he was often of no fixed address and resided in shelters and hostels. His criminal history is very lengthy. There were several hospital admissions before the index offences. He has been plagued with mental illness, physical health issues and addiction issues over a long time. His strengths are his pleasant personality. He does well when occupied with activities in a structured manner.

It is noteworthy that he has absconded from hospitals multiple times, most recently from September 20 to 27, 2023. At that time, he relapsed with substances and was ultimately readmitted back to the Hospital on the A1 unit.

Mr. George is a registered Native Canadian of the Oneida Band.”

Position of the Parties:

11. Counsel for the hospital and for the Attorney General requested no change to the current Detention Order Disposition. Counsel for Mr. George conceded that significant threat was not at issue for the purposes of this hearing, and he agreed that a Detention Order is the necessary and appropriate Disposition in the circumstances. However, he requested that paragraph 2(f) be amended, to allow Mr. George to live in Lambton, as well as in Elgin or Middlesex Counties.

12. Accordingly, there was a joint submission, except for the additional privilege allowing Mr. George to live in supervised accommodation in Lambton County.

Course Since Last Disposition:

13. Mr. George’s course since his last Disposition is set out in detail in the Hospital Report. The following extracted paragraphs are relevant to this hearing:

“From June 17, 2024, to July 13, 2024, Mr. George attended Ngwaagan Gamig Recovery Centre (Rainbow Lodge) on Manitoulin Island, a culturally-based addictions treatment and prevention service.

Consistent with his baseline, Mr. George continued to experience auditory and visual hallucinations and delusions. He experienced auditory hallucinations daily.

Though his auditory hallucinations were frequent, they were not distressing or commanding.

Mr. George occasionally attended the Indigenous sharing circle that was held biweekly in the Indigenous healing space at the Southwest Centre. This was facilitated by members of the Atlohsa Family Healing Services’ Biigajiiskaan Indigenous Pathways to Mental Wellness program. Mr. George’s cousin, Ms. Crystal George, was one of the facilitators and he developed a connection with her by attending the sharing circle.

Mr. George had remained abstinent since his return to hospital (last reporting period in September 2023).

Mr. George was referred to the Southwest Ontario Aboriginal Health Access Centre (SOAHAC) and on October 15, 2024, he began attending their weekly addictions healing circle in London. He enjoyed attending and was accompanied by staff. At the time of this writing, he was on the waitlist to be seen by an Indigenous healer at SOAHAC.

In December 2024, Mr. George also began attended Celebrate Recovery (community-based addiction support group) held at a local church weekly on Sundays.

In January 2025, multiple patients on Mr. George’s unit used methamphetamine. To his credit, he was able to abstain and recognized the change in presentation of his peers.

Mr. George gradually obtained full hospital and grounds privileges, and indirectly supervised passes into the community. He used his privileges appropriately, and no concerns were reported.”

Evidence at the Hearing:

14. The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Quinn. Dr. Quinn co-authored the Hospital Report and testified as follows:

a) He is Mr. George’s treating psychiatrist.

b) Mr. George had a relatively stable year.

c) Mr. George experiences some of his psychotic symptoms on a daily basis. He continues to hear the voices of spirits, previous physicians and his brother. Mr. George continues to suffer from his delusional belief systems, including grandiosity and the beliefs that he is the Queen of space and that he created the world. Despite numerous treatments with various medications, the treatment team has been unable to stop the chronic nature of these symptoms.

d) Mr. George has been treated with electro convulsive therapy, lithium and other mood stabilizers in the past, and none of these treatments have improved his psychotic symptoms. The treatment team has also trialed many different medications to treat Mr. George’s ADHD, including both stimulants and non-stimulants. When the treatment team used a stimulant medication, it immediately caused Mr. George to become floridly manic.

e) The treatment team has been more focused in the past reporting year on connecting Mr. George with his Indigenous community. Mr. George has been volunteering on a full-time basis, and he has been attending the Indigenous Sharing Circle, which is held bi-weekly at Southwest. Mr. George is also associated with the Atlohsa Family Healing Services and the Indigenous Pathways to Mental Wellness program.

f) Mr. George’s first cousin, Ms. Crystal George, is a social worker at Atlosha, and he has developed a meaningful connection with her while attending the social circle. He has also been making connections with his Band, the Oneidas. His cousin has taken him to meet community members of the Band on the Oneida Reserve on a handful of occasions. She is also currently going through the process to become an approved person.

g) Mr. George is agreeable to following the treatment recommendations of the treatment team, but he lacks significant insight into his need for medication. Although he acknowledges that his medication helps him, he does not believe that he needs it.

h) When Mr. George absconds, he stops taking his medication and engages in substance use.

i) Mr. George’s residual symptoms are long standing, but they do not impact his ability to volunteer or attend school.

j) To Mr. George’s credit, he has remained abstinent from substances since his readmission to hospital, in 2023. When he does use substances, he becomes more disorganized and more psychotic, which worsens his mental status.

k) Mr. George is involved in Celebrate Recovery, and healing circles, to help him remain abstinent from substances.

l) Mr. George benefited from his attendance at the Rainbow Lodge. The treatment team is hoping that he can return there in the coming reporting year.

m) Mr. George is using his indirectly supervised community passes on a daily basis, and they have all gone well.

n) Mr. George has a long history of absconding from the hospital into the community. The treatment team has not discovered what triggers him to abscond, as there does not appear to be a consistent pattern.

o) The treatment team will be looking to place Mr. George in a supervised group home in this area, so that he can continue his volunteer work and maintain his connections with his Indigenous community and his cousin.

p) There is no appropriate housing available for Mr. George on the Oneida Reserve.

q) Mr. George requires a level of supervision sufficient to prevent him from becoming a risk to public safety. The treatment team needs timely notification if he absconds, or uses substances, so that he can be returned to hospital as quickly as possible before he can cause harm.

r) In the past, the hospital has been able to use a warrant to bring Mr. George back to hospital. However, the social worker associated with the outreach team has not found that the police in Sarnia give much priority to the enforcement of a warrant.

s) Mr. George has children who were living in the Sarnia area. He is not sure if one of his daughters is still there, as she is in university. Mr. George has had very little contact with his children. Mr. George’s former father-in-law lives in Sarnia, but Mr. George has also had very limited contact with him.

t) The following paragraph from last year’s Board Reasons is still applicable today:

“The Board does not grant Mr. George’s request for Lambton County to be added to the disposition regarding approved accommodations. The Board is swayed by Mr. George’s history of abscondment, rapid decompensation upon abscondment, and the fact that the hospital has not experienced cooperation from the Sarnia authorities regarding the return of patients. On occasion, Mr. George returns to hospital when he runs out of money or tires of living in a tent as a homeless person. However, often police have had to encourage him to return to hospital and he usually refuses. Warrants have had to be used to return him to hospital. Mr. George is a significant threat to the safety of the public during times of abscondment.”

15. In response to questions from counsel for the Attorney General, Dr. Quinn testified:

a) Historically, when Mr. George absconds, he uses substances and when he runs out of money to buy more, he turns to the same criminal behaviour as occurred with the Index Offences.

16. In response to questions from counsel for Mr. George, Dr. Quinn testified:

a) He has no direct, or recent, knowledge about whether the police in Lambton would enforce a warrant expeditiously. Of greater concern are the remoteness of Lambton, and the lack of an appropriate, supervised group home that the treatment team would feel comfortable with for Mr. George .In his current area, Mr. George finally has a very good structure, a connection with his Indigenous culture, and a close relationship with his cousin, who is in the process to become an approved person. For all these reasons it is unrealistic, to give Mr. George permission to live in Lambton in his Disposition.

17. In response to questions from the panel, Dr. Quinn testified:

a) While Rainbow Lodge specifically deals with patients with addictions, and not necessarily with mental health issues, the program has been very beneficial for Mr. George.

b) Mr. George does better when he has some kind of routine or structure, which he is currently enjoying now. Should Mr. George relocate to Lambton, he would lose all the pro-social structure that he is currently enjoying.

c) Mr. George does not need accommodations that provide supervision 24/7. Rather, he requires the presence of someone to ensure his medication adherence and to detect any changes in his mental status, such as increased disorganization or delusions, before he becomes a significant threat to public safety.

d) Should Mr. George have the provision of living in Lambton in his Disposition, it would misalign with the goals of the team. However, Mr. George is someone who is agreeable and respectful of authority, and it would not necessarily be harmful to their relationship to have this provision in his Disposition.

e) The following paragraph from last year’s Reasons for Disposition is still true today:

“Mr. George’s forensic risk management must account for his absconding. So, the hospital needs him placed in an appropriate home that the hospital has a good relationship with and that can also manage his issues. The Sarnia police have traditionally not had a great relationship with the hospital. Specifically, when the hospital has tried to get others returned to hospital from Sarnia the police have not cooperated. They need community partners that can expeditiously retrieve Mr. George.”

Analysis and Conclusions:

18. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board agrees with the joint submission: Mr. George remains a significant threat to the safety of the public.

19. In Winko, the Supreme Court outlined that, in coming to the conclusion on the issue of significant risk, a Review Board should closely examine a range of evidence, including: the circumstances of the original offence; the past and expected course of the accused’s treatment; the present state of the NCR accused’s medical condition; the NCR accused’s own plans for the future; the support existing for the NCR accused in the community; and most importantly, the recommendations provided by experts who examined the NCR accused. In coming to our conclusion in this matter, the Board relies on the uncontroverted expert evidence of Dr. Quinn, in addition to the documentary evidence before us.

20. Mr. George cannot be managed with a less restrictive Disposition because he requires the high level of supervision offered by a Detention Order, including the ability of the hospital to approve his housing. If Mr. George were to abscond from hospital, he would use substances and become medication non-adherent, causing him to become a significant threat to public safety.

21. Mr. George’s lack of insight into his substance use issues, coupled with his impulsivity, requires that he be on a Detention Order. Absent supervision, he would likely relapse into substance use, leading to an increase in psychotic symptoms.

22. In particular, the Board relies on the Re-Offence Scenario and the Overall Clinical Assessment of Risk, as set out in the Hospital Report:

“Re-Offence Scenario:

Absent forensic supervision and support, Mr. George would likely impulsively abscond from his housing and seek out substances and live an unstructured lifestyle as he has demonstrated multiple times over his tenure in the forensic system, including twice last reporting period. He would discontinue his medications. The combination of substance use, medication nonadherence, and stress would further compromise his mental state. He would become manic and psychotic. He would engage in criminal behaviour to fuel his substance use, including theft. His delusions and hallucinations would intensify, including command hallucinations to harm others. In that disinhibited context, he would respond with violence to psychotically-perceived aggressors in the community.

Overall Clinical Assessment of Risk

It is the opinion of the treatment team that Mr. George continues to pose a risk of serious physical or psychological harm to members of the public. The following evidence supports this opinion:

1. Mr. George is diagnosed with a major mental disorder, namely schizophrenia, which is treatment-refractory. He continues to experience psychotic symptoms, including entrenched delusions and ongoing auditory hallucinations, which have commanded him to act violently in the past;

2. Mr. George has a significant history of absconding, even while residing in a supervised environment. He blames others for his abscondments and has demonstrated limited insight into his actions;

3. Mr. George has historically relapsed on substances, which resulted in financial instability and transient living (e.g., living outdoors) during his abscondment periods. He has denied the severity of these behaviours and the risk of decompensation;

4. Mr. George’s insight into the index offences, his mental illness, substance use issues, need for treatment and supervision and future risk of violence remains limited;

5. Mr. George would not be able to arrange appropriate mental health services to support his complex needs absent forensic support; and

6. Mr. George has limited personal support and his professional support is limited to the forensic team.”

7. The only remaining issue before the Board was whether to amend paragraph 2(f), to allow Mr. George to live in supervised accommodation in Lambton County, in addition to the Counties of Elgin or Middlesex.

8. The Board does not put any weight on whether the Sarnia police would, or would not, enforce a warrant requiring Mr. George to be brought back to the hospital.

9. The Board’s paramount consideration is the safety of the public, and the evidence before it is quite clear that living in the Lambton area would increase that risk. Mr. George requires, and is continuing to develop, the very strong structure and support that he is currently enjoying in his community. His cousin is about to become an approved person, whereas Mr. George has no real family connections in the Lambton area. In addition, Mr. George needs to be associated with a group home with which the treatment team is comfortable and has a relationship. Such a home would need to adequately monitor, and supervise, his medication adherence and his absence from substances. This type of home does not exist in the Lambton area. Because there is no group home that the treatment team is considering, there is no need to include Lambton it in the current Disposition for the purpose of placing him on any waiting lists. Accordingly, there is no legal, nor practical, reason to include the Lambton area in the current Disposition. The Board does not approve Mr. George living in Lambton as; it would increase Mr. George’s risk to the public safety. A move to Lambton would not help with his cultural needs, his mental condition nor his reintegration into society.

10. In consideration of all the evidence, submissions of the parties and criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. George, his reintegration into society and his other needs, the necessary and appropriate Disposition is to continue with the current Detention Order.

DATED this 14^th day of April 2025, at the City of Toronto, in the Region of Toronto.

Mr. J. Weinstein Alternate Chairperson Office of the Registrar Ontario Review Board